Filner fights construction at North Park Jack in the Box

SAN DIEGO – San Diego Mayor Bob Filner is accusing a North Park Jack in the Box restaurant of violating the conditions of a permit for remodel.

Filner said he is taking action after being contacted by various North Park community groups about the restaurant located at 2959 Upas Street.

Last year, Jack in the Box applied to the to San Diego Planning Commission to build a new restaurant at the North Park location. That application was denied, but the Commission approved a remodel.

The restaurant closed its doors on May 28 to begin the 10-week remodel, but Filner said he believes more than a remodel has taken place.

“It is outrageous to me that Jack in the Box has completely misled the North Park community about this project, promising in writing, for example, that no exterior walls would be destroyed when, in fact, nearly all the of the exterior walls were destroyed,” said Mayor Filner.

The letter Filner is referring to was sent form the Jack in the Box construction manager to the North Park Planning Commission on May 31. It clearly states, “We are not demolishing any of the exterior walls.”

But Roger Lewis, a member of the North Park Planning Commission, said that isn’t the case.

“Three and a half weeks ago the community came out here to find it basically torn down,” said Lewis. “Except for say six or seven studs on one side and three on another.”

Filner is siding with the community.

“They don’t have right to build a new building,” said Filner. “New walls means a new building. If they’ve torn down the old walls under the guise of a new model I think they are not in compliance with the permit.”

Jack in the Box spokesman Brian Luscomb disagrees and released the following statement Friday: “We’ve been remodeling the restaurant in accordance with our permit from the City. The remodel is extensive, but our plans were reviewed by the City before it issued our permit.”

Wednesday Filner sent a memo to the City Attorney’s Office asking whether “a Stop Work Order should be issued against the Project” in accordance with municipal codes. He also asked the City Attorney’s Office to “determine if the applicant has forfeited their vested rights to the continuing operation of the Project.”

Luscomb told Fox 5 that Jack in the Box is “looking forward to discussing this with the City Attorney’s office as soon as possible.”

Luscomb also claims the community was not misled.

“That’s not true,” Luscomb said. “In addition to working with the City, we’ve shared our plans with the community along with elevations and a rendering of the new restaurant.”

Lacy Province

As long as the frame of a building is standing. Everything added to that existing frame will be considered remodeled. Filner is looking for votes down the road for whatever office he'll plan to run for – politics as usual.

Joe

qpodad

I live 4 blocks away. To call this a remodel is akin to saying Michael Jackson had minor cosmetic work. They tore it almost all the way to bare dirt, and left about 100 board feet of studs up so they could (weakly) assert it is not a new building, but just a "remodel" and thus in compliance with their permits. Filner is correct, Rules are rules and Jack in the Box is attempting to violate its permit. conditions. Thanks Mr. Mayor, a remodel is not what is taking place here. Anyone who has seen it will agree with me from a legal and common-sense perspective.

Mr. B in OKC

So why would you not want a business of any kind to totally build a new building. These fast food chains completely tear down and rebuild better than before and do it in a short amount of time. I fail to see the problem here except some idiot politician trying to earn votes. Hopefully this joker will be out and someone with common sense in.

Susie

anita the realist

You people who have moved to this neighborhood only in the past few years make me laugh- JIB has been here a lot longer than you ,and now , like with every other NIMBY, who thinks just because THEY now live here, things should now be the way they want it! The drive thru doesn't much matter to me, but please don't begrudge people with only a couple of bucks to spend, the chance to get a meal.I realize the young hipsters only want gourmet places, but that's not realistic.If everyone is so concerned about traffic, why not squawk about that monstrosity being built across the street??!! I say it again-I MISS BIG LOTS !Phonies who claim to care about "the poor" should welcome one, instead of all the storefronts becoming artsy and pricey!

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